Perspective
Oct. 6, 2012
Court avoids ruling on applicable instructions for medical causation
The state high court abrogated the "release rule" and clarified hospital liability in medical malpractice cases, but it did not clarify the applicable instructions. By Thomas Trapani of Manning & Kass, Ellrod, Ramirez, Trester LLP
Although the state Supreme Court recently abrogated what was left of the old common law "release rule" and clarified the liability of hospitals in medical malpractice cases, the court avoided ruling on the applicable instruction for medical causation. Unfortunately, by doing so, the court missed an opportunity to conform the California Civil Jury Instructions (CACI) with established common law and to resolve a continuing problem for tr...
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